USPTO Patents Application 09920607

I hereby certify that this correspondence is being deposited with the United
States Postal Service first class mail in an envelope addressed to:
Mail Stop Petition; Commissioner for Patents, P.O. Box 1450, Alexandria, VA
22313-1450, on

By:

Sharon M. Fujita

Attorney Docket No: 0178.210US

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re application of:
Minshull, et al
Application No.: 09/920,607
Filed: July 31, 2001

For: BIOSENSORS, REAGENTS AND DIAGNOSTIC
APPLICATIONS OF DIRECTED EVOLUTION

Mail Stop Petition
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Examiner: My-Chau T. Tran
Art Unit: 1639

RESPONSE TO FURTHER
RESTRICTION REQUIREMENT

RECEIVED

JUL 3 0 2003
OFFICE OF PETITIOI^

Dear Sir:

Responsive to the Restriction Requirement mailed January 13, 2003, Applicants
respectfully request consideration of the following remarks. A petition for a five month extension
of time authorizing the Commissioner to charge the requisite fee pursuant 37 C.F.R. § 1.17 is
enclosed. The petition thus effectively extends the period of response from February 13, 2003 to
July 13, 2003. A Petition for Revival of an Application for Patent Abandoned Unintentionally
under 37 C.F.R. § 1.137(b) is also submitted herewith.

In the Restriction Requirement mailed on January 13, 2003, the Examiner issued a further
Restriction Requirement on Applicants' previously elected Group II claims (67-72). In the January
13, 2003 Restriction Requirement, the Examiner grouped claims 67-72 as follows:

Group A: Claim 67, drawn to a biosensor with a polypeptide comprising an analyte
domain and a catalytic domain;

Group B: Claim 68, drawn to a biosensor with a polypeptide comprising an analyte
domain, a first inactive domain, and a second inactive domain; and

Application No.: 09/92cPf7
Filing Date: September 19, 2002
Page 2 of 2

Group C:

Claims 69-72, drawn to a biosensor with a plurality of polypeptides
immobilized on the solid support.

Applicants hereby elect the inventions specified in Group C, without traverse.

Should the Examiner believe that a telephone conference would expedite the prosecution of
this application, the undersigned can be reached at the telephone number set forth below. The
Commissioner is hereby authorized to charge any deficiency in fees in connection with this
submission or credit any overpayment to Deposit Account No. 50-0990.

515 Galveston Drive
Redwood City, Cahfomia 94063
(650) 298-5421 (Telephone)
(650) 298-5446 (Facsimile)
Customer No. 30560

RespectfiiUy submitted,

July^, 2003

MAXYGEN, INC.

Intellectual Property Department

Sharon M. Fujita
Attorney for Applicants
Reg. No. 38,459